TOWN OF RUTLAND BOARD MEETING
May 1, 2007 –6:30 p.m.
Chairman Dale Beske called the meeting to order at 6:30 p.m. Also present were Supervisors Sperle, Shapiro Hurley, and Lunde, Constables Reilly and Markham,
new treasurer Kim Sime, Clerk George.
1.
Appearance by Dane Co. Sheriff Dept.
representative. Deputy Eric Stacey and Community Deputy Cindy Holmes appeared with the monthly report for calls for
service. Deputy Holmes reported that they will have 10 deputies working at
the racetrack for the big race on June 26th. Beske reported
that he had had a complaint about dirt bikes running on future Hwy 14
right-of-way and private property near Fahey Hts. Beske was asked to have the person with the
complaint contact the Sheriff’s office at the non-emergency number if the
situation occurs again so that the Sheriff’s office can evaluate the
situation. The Board also advised the Sheriff’s department
representatives that there are indications that ATV’s are entering the
collection center/landfill property from the west side of the property.
The Town will look into posting the property with “No Trespassing “ signs.
2.
Constable Report. The Constable
reported that he has contacted property owners on Flint Road regarding abandoned, unlicensed vehicles. He
will continue monitoring the situation to see if compliance action is ongoing
or whether there is a need for further action and/or if citations need to be
issued.
3.
Receive alcohol license renewal
applications, cigarette license application, operator’s
license applications. Action on applications at June meeting. Applications were received for the renewal of
the above mentioned applications. In addition, a new application was
received for an Operator’s license for Jean Johnson. The clerk was directed to complete a
background check on Johnson. Shapiro Hurley moved, Sperle 2nd,
to accept the alcohol renewal license applications for Sandra Johnson, Dave
Grueneberg (Madison International Speedway), Cigarette license application for
Cloud, renewal Operator’s License applications for Jason Cloud, Lee Cloud,
Carolyn Bunnell and Suzette Noyce,
new Operator’s License for Jean Johnson and a license for 10 coin operated
machines for Sandra Cloud; motion carried.
4.
The racetrack operation update will be on
the agenda for the June meeting.
5.
Report from Planning Commission and any
action necessary.
1) Petition 9667 by Dean and Judith Schulz to rezone 0.61acres located at 4543 W. Rutland Rd. (Section
30) from A-1 Ex. to R-3 as amended and adopted by Dane County to separate the residence from the
farm.
Plan Commission: Recommend to Town Board approval of
petition 9667 as amended and adopted by Dane County.
Board: Sperle moved, Shapiro Hurley 2nd,
to accept the Planning Commission recommendation to approve Petition 9667 as
amended and adopted by Dane Co.; motion carried unanimously.
2) Preliminary CSM for Richard and Mary Jo Snorek, 3957 Hwy 138 to consolidate two RH-1 parcels
into
one parcel; action as necessary.
Plan Commission: Snoreks
would like to consolidate two RH-1 parcels. The RH-1 parcel in the rear
is too small for a residence and has no road access. This would bring the
land into conformance with the original intention at the time of sale. No
splits are used or needed for this action. Recommend approval to Town
Board of preliminary CSM 3456.
Board: Shapiro Hurley moved, Lunde 2nd, to accept the Planning Commission recommendation to
approve to preliminary CSM 3456; motion carried unanimously.
3) Referrals from previous meetings and
site viewings as necessary.
a) Revisit Petition 8843 by AJ Arnett to rezone R-1 lot (.79 acres) at 508 Meanderwood
(Sec. 27) (south of Old Stone Rd. and north of Ol’ Stone Estates) to RH-1 and
add 1.27 acres zoned A-1 Ex. to make the lot 2 acres total. The remaining
14.77 acres would be rezoned from A-1 Ex. to RH-3; this proposal would possibly
include a purchased transfer of a split.
Plan Commission: AJ Arnett has sold the land on the north side of Old Stone Road and the 3 splits that were being considered on the
original 8834 petition. He would like to use a split that he believes
still remains with the Wileman property in Rutland to
create an RH-3 or RH-4 parcel on the south side of Old Stone Road, north of Old
Stone Estates where he owns 16 acres. He would like to offer to sell a
portion of the 16 acres to the owner of the R-1 property that he developed on
Meanderwood. The property he would offer contains an easement for a septic
system for the R-1 property. Other property owners on Meanderwood have
also expressed some interest in purchasing land from the 16 acre parcel to
extend their lot lines. If any of those transactions occur, it would
require a rezoning of the R-1 parcel to RH-1, or a deed restricted R-1 to allow
no additional residential development depending on the size of the resultant
parcels. The remainder of the 16 acres would be rezoned from A-1 to RH- 3
or RH-4.
Minutes from the 1992 and 1995 Town Board meetings
were provided which discussed the distribution of some of the splits originally
belonging to Monty Brekken, Brighams and Wilemans. It was not clear from those minutes that
the 68 acre sale of land by Brekken to Wileman included a split. The minutes say “sale of 68
acres of farmland” without reference to a split, although the minutes contain a
list of splits that Brekken had transferred in other
transactions.
AJ will get a copy of the deed and the offer to
purchase to see what that those documents say about a split. We will take
a look at the Planning Commission minutes for the meetings that preceded the
Town Board meetings in question to see if there is more detail regarding the
intention of the seller and buyer. The matter was deferred to the June Planning Commission meeting.
Board: No action on this matter by the board at
this time. Arnett was directed to bring documentation regarding whether
the Wileman’s purchased the property with a split
included to the June Planning Commission meeting. There is a question
regarding whether there is a split available. Previous minutes are
unclear regarding the splits taken by various landowners. The Board will
research the matter further, talk to Brekken and Wileman’s regarding
the split, and address the matter again at next month’s meetings.
b) Lois Alme property viewing on April
9, 2007.
The parcel is eligible for 1 split. The driveway should be located at the
top of the hill south of the current residence where the visibility is
best. The owner has not yet decided on the location of the buildable
parcel or how much land she would like to retain with the existing residence.
Board: The driveway for the proposed new parcel
should be placed 100’ or more south of the culvert. The house would be
sited on the south end of the new parcel.
6.
Consent Agenda:
a)
Minutes of April 5th Board
meeting and April 17th Landfill site visit.
b)
Treasurer’s Report.
c)
Vouchers and Checks. Shapiro Hurley moved, Sperle 2nd, to pay the cost of the satellite for internet
service for the new treasurer; motion carried.
Shapiro Hurley moved, Lunde 2nd, to approve the consent agenda; motion carried.
7.
Correspondence.
a) A letter was received from the Madison Retreiver Club advising that annual events will be held the weekends
of May 4th,
June 1st, Aug. 3rd and Aug. 31st.
b) Julie Helmer, Resource Solutions, will be advised that the Town is
interested in hosting a computer and
appliance
recycling event again this year. A date will be set; the event will be
set for a shorter time period
this year.
8.
Old Business. The Clerk reported
that she had checked with Fire Chief Lamers regarding the fire report received
last month where the fire department had assisted the EMS
at an accident at the Starr School Rd./Hwy 138
intersection and whether there was a possibility of receiving the fire aid
payment from the state. It does not appear that this will be possible in
this case because not enough information is currently available.
9.
Discussion and necessary action on Dan Nipple, 4667 W. Rutland Rd., request for fireworks
permit for purchase and July 7th display. Shapiro Hurley moved, Sperle 2nd, to approve the fireworks permit for the Nipple’s;
motion carried.
10.
Consideration of Old Stone Road construction bids; award of bid. Shapiro Hurley moved, Sperle 2nd, to award the contract to the low bidder
,Frank Bros., and to ask Frank Bros. if the contract can be amended to
extend the length of the project by 800-1000 feet so that the reconstruction
will go all the way to Oak Ridge Road; motion carried. Myron Bacon will be advised to contact Frank Bros. regarding the
contract, extension of the length, possible schedule.
11.
Consideration of and action on bids for
purchase of new lawn mower. Sperle moved, Shapiro Hurley 2nd, to accept the low bid of $1740 from Mueller
Implement for a new Simplicity lawn mower for use for mowing at the cemeteries;
motion carried.
12.
Consideration of and necessary action on
increase of tire disposal fees at collection center. This matter will
addressed at the June meeting when further information is available
regarding rates charged in the area.
13.
Reports of meetings attended by the Board
as necessary.
14.
Discussion of and necessary action on
status of Landfill site visit and course of action.
The contract for services from Strand was received. Attorney Reuter
will be asked to review it.
Shapiro Hurley moved, Lunde seconded, to authorize the chair to sign
the contract if Attorney Reuter
deems it
satisfactory; motion carried.
A memo from Jim Kralich, WDNR, was received and reviewed. Shapiro Hurley moved to proceed
with items 1,2,and 3 of the memo; seconded by Lunde; motion carried.
Item #1 is sampling the Ditsch private well.
This has been completed and we are waiting for results.
Item #2 is replacement of MW-2 and
installation of steel-cased locking tops on all three wells. Strand
will be advised to
proceed with getting bids on this.
Item #3 is conducting semi-annual
monitoring of all three wells. The next event would be in June of >this year. The
Board would like the new well installed prior to the next event if at all
possible.
Patrolman Wethal will be advised to take
a look a areas where there appears to be ponding (#5)
and to bring in fill
(fine-grained(tight) soils) and
re-covering them with top soil and seed.
Item #7.
The town will look into fencing of the property or the capped area.
Discussion regarding what type of fencing would be needed ensued.
It was
felt that a legal fence of 4 barbed wires should be
sufficient.
Installation of “No Trespassing” signs
will be addressed after Chairman
Beske talks to adjoiningproperty owner Dale Richardson.
15.
Review proposed driveway ordinance.
Beske presented a list of changes he would like to see incorporated in the
draft driveway ordinance. The clerk was directed to send new copies of
the draft to the Board.
16.
Adjourn to closed session to discuss
personnel issues pursuant to Sec. 19.85(1)(c), Wis.
Stats. Shapiro Hurley moved, Sperle seconded, to adjourn to closed
session; roll call vote was unanimous (4-0 in favor).
17.
Reconvene into open session to finish the
agenda pursuant to Sec. 19.85(2). Sperle moved to reconvene into open
session; seconded by Shapiro Hurley; roll call vote in favor of reconvening was
unanimous (4-0).
18.
Adjournment. Lunde moved to adjourn
the May 2007 Board meeting; seconded by Shapiro Hurley; motion carried.
Respectfully
Submitted,
Dawn
George, Clerk